Rules for returning furniture to a store under the Consumer Protection Law

Provisions of the Law “On Protection of Consumer Rights” for returning furniture to a store

Law No. 2300-1 “On the Protection of Consumer Rights”, among other issues, regulates the rules for returning goods to the seller of both proper and inadequate quality. Since any pieces of furniture are consumer goods, the provisions of the law fully apply to them.

According to Art. 18 of Law No. 2300-1 , the buyer, if defects are discovered in the purchased furniture, may demand from the seller:

• timely elimination of defects;
• replacement with a similar product;
• proportionate reduction in price;
• termination of the contract and return of funds paid

Law No. 2300-1 also establishes that the buyer has the right to return goods to the store without giving reasons, but within a certain time.
This provision partially applies to furniture.

Refund procedure

How to return furniture back? The rules for returning furniture and the conditions for refunds depend on the nature of the buyer’s complaint to the seller and the violations committed.

For quality

In order to return quality furniture to the store, the following conditions must be met:

1. This must be a separate piece of furniture that does not fall into the category of complex technical products (furniture sets and sets).
2. The deadline for filing a claim is less than 14 days from the date of purchase , and the receipt for the purchase of the piece of furniture is retained.
3. The furniture has not been used , its presentation and appropriate consumer qualities have been preserved, it is desirable to have original packaging.

Subject to these conditions, the buyer has the right to contact the store and, if necessary, make a written application for an exchange of a piece of furniture or a refund.

If the seller does not have the relevant item for sale on the day of contact, the buyer has the right to demand a full refund, which must be returned to him within 3 days .

We offer a sample claim for the return of furniture of proper quality.

Incomplete or different color

In a situation where furniture of a different color is brought, as well as when necessary parts or parts of a piece of furniture or furniture set are missing, the seller violates the contract concluded between him and the buyer.

If the buyer discovers a shortage or incorrect color, size, design of furniture before signing the acceptance certificate, the defect should be indicated in this act.

Often the acceptance certificate contains a clause stating that there are no claims on the part of the buyer, therefore, in the case when it is not possible to immediately check the completeness , you should write in the certificate: “I accepted the goods, I will inform you about the presence or absence of defects after installation.”

If you discover incompleteness or identified deficiencies, you should file a claim and proceed in the same way as when purchasing low-quality furniture.

For poor quality

In order to return funds paid for low-quality furniture, you should make a written claim , in the claim you need to justify the reason for the return and indicate the buyer’s requirements (exchange, return, correction of defects, etc.). Then follows:

• contact the store with a verbal request to return or exchange furniture;
• in case of refusal, hand over a pre-drafted claim to the seller’s representatives;
• provide a piece of furniture for an independent examination, the services of which are paid for by the seller.

The maximum period during which a piece of furniture is subject to independent examination is 5 days.

If the buyer's claims are considered justified, the seller is obliged to replace the piece of furniture , correct identified deficiencies or return the money paid within 10 days.

If the seller refuses, the only recourse for the buyer is to go to court . You should also remember that if the piece of furniture is large (weight exceeds 5 kg), then its transportation is carried out by the seller.

Sample claim for the return of furniture with defects.

Reasons for returning furniture

You can return furniture to the store on the following grounds:

• defects were found in the products, including significant ones (the furniture is of poor quality);
• the product is of proper quality, but does not fit in style, size, dimensions, color, configuration, consumer qualities, etc., that is, based on the simple will of the buyer.

However, the second case does not apply to all furniture products. For certain types of furniture, the law does not establish the seller’s obligation to terminate the sales contract and return the money to the buyer. In this case, termination of the contract can be carried out only with the voluntary consent of the seller.

Nuances

There are some subtleties when returning furniture items:

• claims must be submitted only in writing and with a note of delivery on the copy, this will help to assert rights in court;
• if there is a guarantee, the examination must be done by the seller;
• after the end of the warranty period, you will have to carry out an expert assessment at the buyer’s expense;
• The refund period in stationary retail outlets is 3 days, in online stores – 10 days (Article 26.1, paragraph 4 of the Law).

IMPORTANT
All defective furniture can be returned, no matter what the seller says. When challenging the decisions of the latter, you must go to court and demand, in addition to material compensation, payment for moral damage. This must be noted in the statement of claim.

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Warranty periods for furniture

The warranty period is established by the furniture manufacturer or its seller and is indicated in the warranty card, product passport, etc.

When determining the warranty period, manufacturers usually rely on GOST standards. For example, GOST 19917-93 determines the warranty period for furniture for sitting and lying down at one and a half years, and GOST 16371-93 - at 2 years for cabinet and household furniture. In most cases, the warranty period does not exceed 2 years.

If the warranty period is not specified, the buyer may contact the seller to demand the return of the furniture within a reasonable time. By default, a reasonable period cannot exceed 2 years ( Article 18 of Law No. 2300-1 ).

Important: The warranty period starts from the date of purchase (the date of conclusion of the purchase and sale agreement).

Penalty for late delivery

If the contractor fails to meet the terms of the contract, the customer has the right to make concessions and agree to a new deadline. In another case, he has the right to demand payment of a penalty and termination of the contract.

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The penalty percentage is specified in the contract. If this point is not specified in the conditions, then by law the penalty is 3% of the total order amount for each day of delay, but no more than the entire cost of the work.

Form of claim (sample)

When presenting demands to the order executor, you must write a claim addressed to the head of the organization. It indicates in detail the reason for the appeal and the requirements that the customer asks to fulfill: pay a penalty, terminate the contract.

Review period

The Contractor is given 10 days to consider the claim from the date of its receipt.

If the requirements are not met after this period, the customer has the right to go to court and demand, in addition to reimbursement of the order amount and penalties, compensation for damage caused to him as a result of violation of the deadlines.

Buyer's procedure for returning

The procedure for returning furniture may differ slightly depending on the reason for which it is carried out, the timing of the request and the actions of the seller.

The first step a buyer must take is to contact the store verbally. In a significant number of cases, the seller meets the buyer halfway, if his demands do not contradict the law, and returns the money.

If the seller refuses to issue a return, the buyer must proceed as follows.

1. You must submit a written complaint. The text of the claim must include the following information: full name of the buyer, name and legal address of the selling organization, date of purchase, its detailed description, reasons for return, request to return money, date and signature. The claim is made in the name of the head of the organization that sold the goods.
2. The claim must be accompanied by available documents: product passport, sales and cash receipt, warehouse extract, sales contract, warranty card, etc. If the product has defects, it would be useful to take photographs of them and also attach them to the claim.
3. Next, the claim and package of documents must be submitted to the seller’s official representative. Usually this is the director of the organization, but it can also be the head of a department, branch, customer service department, etc. You can submit a claim in three ways: by personally visiting the store, with the help of an authorized person (you will need a power of attorney), or by mail. In the latter case, the entire package of documents should be sent by letter with notification.

Help: Large chains and online retail stores often provide the opportunity to file a claim electronically. On the websites of such organizations you can fill out a ready-made claim form.

A written complaint obliges the seller to draw up a response to it, in which he must offer his solutions to the dispute. If the return is made due to poor quality of the furniture, then based on the submitted complaint, the seller must carry out an internal quality check. If she confirms that the buyer is right about the quality, he will be refunded. The return period is up to 3 days for cash payments and up to 10 days for wire transfers.

The store refuses

If you do not want to pick up the product, file a claim addressed to the director of the organization - both in writing and electronically. Submitted in person, by registered mail via mail or on the website (e-mail).

The law allows for an examination of defective goods to determine when the defect occurred. It can last 10 days; in the case of items with a complex internal structure - up to 45 working days, but no more.

The examination is paid for by the seller, but if the specialist proves that the defect arose as a result of the buyer’s action or inaction, the latter will reimburse the store for the cost of the work.

If there is no response to the claim or refusal to satisfy legal requirements, file a complaint about inaction with Rospotrebnadzor. Describe in detail all stages of interaction with the seller, attach copies of all documents that arose as a result of attempts to resolve the dispute.

At the same time, you can file a claim with the judicial authorities. The package of documents includes:

• statement of claim;
• a copy of the receipt for payment of the court fee;
• copies of documents accompanying all stages of communication with the defendant.

If the buyer has incurred additional costs due to a defective product, these must be mentioned in the statement of claim. Compensation will be collected for them by court decision.

The claim is considered within 2 months from the date of filing.

What difficulties may arise when returning

In some cases, returning furniture to a store may be complicated or even impossible. It should be noted that difficulties or refusal to return can only arise if high-quality furniture products are returned to the store. If the furniture has a manufacturing defect or other defects that were not the fault of the buyer, he can always return the money during the entire warranty period for the product.

Is it possible to return furniture that has been assembled to the store?

Furniture assembled from modules can be classified either as furniture sets or as sets. Consequently, it is included in the List of goods that cannot be returned to the store if they are of proper quality. However, if the assembled furniture is found to have defects caused by manufacturing defects or errors in assembly carried out by the seller, the buyer has the right to return it to the manufacturer or seller.

Arbitrage practice

As judicial practice shows, consumer claims are satisfied.
This applies to both cases of returning furniture of inadequate and proper quality. So, citizen M. bought a sofa. When the delivery was made, she realized that the furniture was not the right color or size for her. The plaintiff decided to return the sofa to the store within the period prescribed by law. But the seller did not agree to settle the dispute out of court.

The court determined that the sofa was not a piece of furniture that could not be returned. Therefore, the citizen has the right to return it on a general basis. The demands of citizen M. were satisfied (Appeal ruling of the Moscow City Court in case No. 33-43090 of December 6, 2021).

Citizen M., who entered into an agreement with SK Collage LLC, also received a positive court decision. After delivering the kitchen furniture and equipment, she identified deficiencies in the side of the countertop, niches for installing a built-in refrigerator and dishwasher. After sending a complaint to the store, the defects were not corrected.

After filing the claim, an examination was carried out. Based on its results, it was established that the defects were of a manufacturing nature and were also caused by unprofessional installation. The workers caused mechanical damage to the furniture. The court found that the shortcomings were significant. The demands of citizen M. were satisfied (Appeal ruling of the Moscow City Court in case No. 33-50568 of December 18, 2021).

Safety requirements for furniture products

Furniture products must be manufactured in such a way that, when used for their intended purpose and subject to compliance with the rules stipulated by the operational documents, they provide:

• mechanical safety;
• chemical and sanitary safety;
• fire safety;
• electrical safety.

If you have any questions about the certification procedure for furniture products, you can contact our specialists for advice by writing to us by email or calling us 8

, or submit an online application.

Is it possible to return furniture purchased remotely?

Sales of goods via the Internet are regulated by Art. 26-1 of the Law of the Russian Federation and the Rules for the sale of goods using the remote method of sale, approved by the PPRF of December 31, 2020 No. 2463.

You can return both high-quality furniture and products that have defects. A citizen has the right to refuse a purchase at any time before receiving it, and also:

• Within 7 days from the date of delivery of the goods.
• Within 3 months - when the seller did not provide information about the procedure and terms of return along with the product.

Furniture purchased remotely can also be returned if the received product does not correspond to the description indicated on the Internet. For reliability, it is better to take screenshots of Internet pages with product characteristics and notarize them.

But it will not be possible to return furniture that has individually defined properties, for example, made to your order.

Return of high-quality furniture is possible if its presentation, consumer properties and documents confirming the fact of purchase are preserved. You can return the item in one of the following ways:

• Make a complaint to a representative of the online store at your place of residence - attach all available documents (receipts, invoices).
• File a claim online on the seller’s website - the furniture and all available documents must be sent back. Delivery of goods to the location of the seller is carried out at the expense of the consumer.

The seller must return the money for the purchase within 10 days of receiving the corresponding request from the buyer.

The return of low-quality furniture purchased on the Internet is carried out in accordance with the above algorithm of actions provided for the return of products with defects - clause 5 of Art. 26-1 ZPPP.

Review period

When a buyer submits a claim, Federal Law No. 2300-1 gives the seller a period of 10 days to consider it and make a decision. He must notify the client about it at the contact phone number indicated in the application. This can be either a reasoned refusal to satisfy the claims made.

If a trade organization has ignored the client’s application, he has the right to apply to supervisory organizations (the court or Rospotrebnadzor) for the protection of consumer rights.

If made to order

Custom-made furniture is always made according to individual measurements, and a contract is concluded between the parties. In this case, the manufacturer provides a service for the production of furniture, therefore Art. 28 and 29 of the Law. Considering what is stated in these articles, you can return furniture in the following situations:

• a significant defect was found on the furniture;
• The repair period for a minor defect has been exceeded.

It is worth clarifying which defect can be considered significant. It cannot be eliminated or the cost of repair is too high.

Furniture that has been made to order and is not defective cannot be returned. To return low-quality furniture, it is necessary to conduct an examination to determine the reasons for the defects and identify the culprit.

FAQ

Q : Is it possible to return furniture purchased on credit?

A : It is possible. But you can demand compensation for interest on the loan and other losses only if you purchase a low-quality product - para. 7 clause 1 art. 18 ZPPP.

Q : Is it possible to return furniture purchased at a discount/markdown?

A : Items purchased at a discount are returned under the same conditions as items purchased without a discount. Discounted goods cannot be returned citing a defect that is the reason for the discount if it is reflected in the receipt/contract.

Delivery, assembly and installation services

The store may provide additional services for delivery and assembly of goods. For this purpose, a separate agreement is rarely drawn up, since the consumer at the time of purchase is not always sure whether he will need this service or whether he is ready to take out and collect his purchase on his own. Therefore, drawing up such a document is impractical. In addition, violation of the deadlines under the assembly-installation contract usually does not give the buyer anything. After all, sometimes it contains a purely symbolic price, at which the penalty will be a ridiculous amount.

Important! When transporting and lifting by yourself, the person who carried out these actions is considered guilty by law for any damage to the product.

If the buyer is not qualified as an assembler, then incorrectly assembled furniture in violation of the assembly instructions will void the product warranty.

If a trade organization delays delivery and does not meet the deadlines of the contract, then there is no need to rush to write an application for payment of the penalty. You can wait until the order is delivered, calmly calculate how many days the delay was, write an application for payment of compensation for the delay and take it to the store. Moreover, the longer the delay, the greater the penalty.

Making a claim

The claim shall include the following information:

• Information about the person who filed the claim, as well as about its recipient. Recipient: Full name You can indicate the position if there is no information about the last name and first name. The applicant must also indicate his full name, address, contact information or e-mail.

• Information about the piece of furniture. The name, color, brand, model, article number, cost, date of purchase are indicated (you can see it in the receipt). We need information about the warranty period of the purchased piece of furniture.

• Description of the current situation. Information in the main part of the claim is indicated in any form. Describe any deficiencies identified, when and under what circumstances they were discovered. Example: The color and size of the sofa do not match those specified when ordering.

• Requirements that the buyer makes to the store or manufacturer. For example, the desire to exchange furniture or return the money spent on the purchase. All requirements must not contradict the law. Based on the law “On the Protection of Consumer Rights” (Articles 18 and 29), the buyer has the right to count on the appropriate quality of the purchased product.

• List of documents that must be attached to the claim. These will be: sales contract, check, warranty card. If the examination was carried out independently, you must also attach the result obtained. Provide copies of all documents, not their originals. It is not necessary to present a receipt (Article 18, Clause 5 of the Federal Law), since the seller always registers all goods that are sold.

• Date and signature of the document. The document is drawn up in two copies. The first buyer takes it for himself, the second gives it to the seller. On the first document he must put the organization's seal, date and signature.

The products sold should not harm the health and lives of people, and should not have a negative impact on the environment. The buyer has the right to receive reliable information about the product. When describing the requirements in a claim, it is necessary to refer to regulatory documentation.

This way you can count on a positive outcome. If you want to compensate for damage for poor-quality furniture, along with your claim, provide a copy of the documents containing data on the amount of damage. You can write in the text that if the demands are ignored, you will go to court.

Sample

Methods of selling furniture, design features and payment of penalties

Furniture can be sold in several ways. The likelihood of its replacement, return, as well as the amount of the penalty for late delivery may depend on this.

1. Sale from the hall. Single elements can be returned on a general basis. There is a possibility of returning other types of furniture. The exhibition usually contains samples specially collected for display to the buyer. When purchasing an exhibition sample, the buyer takes already assembled, used furniture without packaging. This means that when returned it will not lose its appearance. Conclusion: when buying a sample from the hall, the consumer can try to return it if it does not suit him. Although many sellers do not agree, there are cases of positive court decisions on such issues.
2. Sale from warehouse. Only single items of good quality can be returned within two weeks. Kits and headsets will not be taken back.
3. Sale under a purchase and sale agreement. It determines the delivery time of the order to the buyer, which is most often indicated in working days. If the contract specifies a delivery period of 30 working days, then when calculating late fees, all days must be counted except Saturdays, Sundays and holidays. After completing the purchase and sale agreement before the goods arrive at the address, the client has the right to refuse to receive the furniture without any explanation. He may demand the return of the advance payment made for the order. The trading organization has to compensate part of the costs of transportation or other expenses from this money. Under a purchase and sale agreement for the supply of standard products, half a percent of the prepayment amount is paid for each day of delay.
4. Manufacturing of a product according to a special project. Here, the return of furniture is possible due to a delay in fulfilling the contract, due to defects, shortages, or before acceptance of the goods by the consumer. If the production process is completed or is at the final stage, then returning the funds in full will be problematic. The manufacturer may retain the entire amount of the advance payment to cover production costs. The store will not accept the return of a good quality custom item within fourteen days. After all, it had to be made to a certain size and design. The penalty for failure to deliver goods within the agreed period under such an agreement is three percent of the amount for one day of delay.
5. Remote method. The new form of online sales has become a common type of service to the public. Such a sale is carried out without prior execution of a contract, on mutual trust. The buyer is confident that he will receive a quality product within the agreed time frame (for example, in a month), and the seller waits for payment for the product upon delivery to the address. If the client is not satisfied with the quality of the product, which he has not seen in person, perhaps the furniture did not fit the interior of the room or did not like it at all, then the customer has the right to return the purchase within seven days from the date of acceptance without explaining the reasons and without writing a statement.

Furniture products subject to declaration

The list of furniture products subject to mandatory declaration includes:

• furniture for household and public premises;
• laboratory furniture, with the exception of medical laboratory furniture;
• furniture for trade, catering and consumer services enterprises;
• furniture for hotels, health resorts and hostels;
• furniture for theatrical and entertainment enterprises and cultural institutions;
• furniture for administrative premises;
• furniture for stations, financial institutions and communications enterprises;
• furniture for bookselling premises (racks, shelves, cabinets, tables);
• furniture for ship premises (cabins, wardrooms, navigation bridge, central control station, recreation rooms, dining room, outpatient clinic).

The full list of furniture products subject to mandatory assessment of compliance with the requirements of TR CU 025/2012 was approved by decision of the Board of the Eurasian Economic Commission No. 44 dated March 18, 2014.

Compliance confirmation form

Confirmation of the safety and compliance of furniture products with the requirements of TR CU 025/2012 is carried out in the form of certification or declaration.

Furniture products intended for children and furniture for educational and preschool institutions (tables, chairs, beds, playpens, toy boxes, armchairs, sofas, cabinets, cabinets, stools, benches, mattresses, sofa beds and other products) are subject to mandatory certification. .

Household furniture and furniture for public premises are subject to declaration.

Going to court

If the seller does not fulfill the requirements put forward by the buyer within the time limits specified by the Consumer Rights Protection Law, a claim should be filed in court.
In addition to fulfilling the main requirement and compensation for losses, additional demands can be made in a statement of claim against a furniture store:

• penalty for untimely fulfillment of consumer requirements. In accordance with Art. 23 of the Law on the Protection of Consumer Rights, the seller pays a penalty in the amount of 1% of the price of the goods for each day of delay;
• fine for failure of the seller to comply with pre-trial procedures. According to paragraph 6 of Art. 13 of the Law on the Protection of Consumer Rights, the court awards a fine in favor of the consumer in the amount of 50% of the amount won;
• compensation for moral damage. The amount of compensation is established by the court based on its own convictions (Article 15 of the Law on the Protection of Consumer Rights);
• reimbursement of expenses for legal assistance.

The statement of claim is filed at the place of residence of the plaintiff or at the location of the seller’s store. Claims for the protection of consumer rights in the amount of up to 100,000 rubles inclusive are considered by a magistrate. If the amount of the claim is larger, you should apply to the district court.

The state fee for going to court in cases of consumer rights protection is not paid.

A statement of claim can be filed in court, sent by mail or using the electronic system of the State Automated System “Justice”.

Sample statement of claim

The text of the statement of claim is drawn up on the basis of a previously written claim. The buyer becomes the plaintiff, and the seller becomes the defendant. The same documents are attached to the claim as to the claim, as well as the claim itself and the response to it, an examination if available.